Neo-Nazis can still rally because there is no law against 'hate speech'

A member of the Ku Klux Klan shouts at counter protesters during a rally, calling for the protection of Southern Confederate monuments, in Charlottesville, Va., on July 8, 2017.(Photo: Andrew Caballero-Reynolds, AFP/Getty Images)

As the country prepares for what are likely to be a series of tense standoffs over Confederate monuments, it is worth remembering that "hate speech" is not against the law.

"Hate speech is not a recognized category under American law," University of Virginia law professor Leslie Kendrick told USA TODAY's Cup of Politics podcast. That means local officials cannot ban neo-Nazis or white supremacists from rallying just because their speech is offensive.

Kendrick said the laws that are relevant — and that ultimately allowed Charlottesville, Va., police to shut down the Aug. 12 rally there that ended in the tragic death of Heather Heyer — are focused on "incitement" to violence. But those laws don't apply in advance; you can't be stopped from speaking because you are expected to incite violence.